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Zirkel, Perry A. – Communique, 2019
For this 18th article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the IDEA's obligation of providing a comprehensive initial evaluation. More specifically, the focus here is determining eligibility for a gifted child with emotional and…
Descriptors: Court Litigation, Equal Education, Federal Legislation, Educational Legislation
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Zirkel, Perry A. – Journal of Special Education Leadership, 2023
Although varying among and within the states, the percentage of students with 504 plans is steadily and significantly increasing as a national average. Although the professional literature addresses the legal standards for eligibility for 504 plans, it has not provided up-to-date information to practitioners as to the legal standard for the…
Descriptors: Federal Legislation, Students with Disabilities, Court Litigation, Program Development
Zirkel, Perry A. – Communique, 2018
Specific learning disability (SLD), although moderately declining in recent years, continues to account for the highest enrollment among the eligibility classifications under the Individuals with Disabilities Education Act (IDEA; Zirkel, 2013b). The recognition of response to intervention (RTI) in the 2004 amendments of the IDEA as an approach for…
Descriptors: Learning Disabilities, Response to Intervention, Special Education, Eligibility
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Zirkel, Perry A. – Physical Disabilities: Education and Related Services, 2016
This article provides an up-to-date and comprehensive canvassing of the judicial case law concerning the responses to students with concussions in the public school context. The two categories of court decisions are (a) those concerning continued participation in interscholastic athletics, referred to under the rubric of "return to play"…
Descriptors: Court Litigation, Decision Making, Disabilities, Educational Legislation
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Zirkel, Perry A. – Teacher Education and Special Education, 2015
Intended as professional development for both new and experienced special educators, this article provides both the basic requirements and nuanced issues for foundational, successive, and overlapping key components under the Individuals With Disabilities Education Act (IDEA): (a) child find, (b) eligibility, and (c) free appropriate public…
Descriptors: Federal Legislation, Educational Legislation, Disabilities, Equal Education
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Bailey, Tessie Rose; Zirkel, Perry A. – Journal of Special Education Leadership, 2015
The purpose of this analysis is to provide systematic and up-to-date data on the frequency of the Individuals with Disabilities Education Act (IDEA, 2012) court decisions on a state-by-state basis, not only overall, but in relation to special education enrollments. This empirical analysis revealed notable differences among state rankings in the…
Descriptors: Equal Education, Students with Disabilities, Educational Legislation, Federal Legislation
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Zirkel, Perry A.; Stevens, Paul L. – Journal for the Education of the Gifted, 1987
This comprehensive overview of state and federal legislation concerning gifted education demonstrates that the primary source of law relating to gifted students is at the state level. Several administrative appeal decisions have been made in Pennsylvania. Litigation to expand entitlement based on federal law has been less successful than…
Descriptors: Court Litigation, Elementary Secondary Education, Equal Education, Federal Legislation